Must a tenant pay full rent if their apartment is in disrepair?

Get Legal Help Today

 Secured with SHA-256 Encryption

Must a tenant pay full rent if their apartment is in disrepair?

After hurricane and constant rains, we have wet walls, carpet, water dripping from the ceiling (and we keep changing buckets for it). There is even mushroom start growing through the wall because of it wetness. It’s not a first issue. We’ve been waiting for a year for them to fix the wall after another leak. Am I eligible to ask for a rent discount?

Asked on September 9, 2011 under Real Estate Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In all states in this country the landlord is required to provide safe and habitable premises for his or her tenant. If the tenant rents premises which happen to be uninhabitable later on due to circumstances such as a fire or flooding not caused by the tenant, the tenant is not obligated to pay any further rent for the property since the basis for the consideration for the monthly payments have substantially changed.

In your situation, if the rental has water damage and the beginnng of mold growth, its condition potentially may be unsafe for occupation resulting in your evacuation. At best given the conditions what you have described, you should be entitled to a reduction in the monthly rent until the landlord makes the necessary repairs.

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption